February 15, 2001
HOUSE BILL No. 1639
_____
DIGEST OF HB 1639
(Updated February 14, 2001 11:49 AM - DI 75)
Citations Affected: IC 3-5; IC 3-11.
Synopsis: Voter's bill of rights. Requires the election commission to
prescribe a statement of the rights of a voter in Indiana. Specifies the
kind of information that the statement must contain. Provides that the
commission may require the voter's bill of rights to be distributed with
registration and other election related materials. Requires the voter's
bill of rights to be posted on the state's Internet elections website.
Requires the secretary of state to request Indiana news media to include
a copy of the voter's bill of rights as part of election coverage or in
public service announcements before an election. Requires the voter's
bill of rights to be posted in every precinct polling place on each
election day.
Effective: July 1, 2001.
Dickinson, Kromkowski, Behning,
Kruzan
January 17, 2001, read first time and referred to Committee on Elections and
Apportionment.
February 14, 2001, amended, reported _ Do Pass.
February 15, 2001
First Regular Session 112th General Assembly (2001)
PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana
Constitution) is being amended, the text of the existing provision will appear in this style type,
additions will appear in
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Additions: Whenever a new statutory provision is being enacted (or a new constitutional
provision adopted), the text of the new provision will appear in
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word
NEW will appear in that style type in the introductory clause of each SECTION that adds
a new provision to the Indiana Code or the Indiana Constitution.
Conflict reconciliation: Text in a statute in
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between statutes enacted by the 2000 General Assembly.
HOUSE BILL No. 1639
A BILL FOR AN ACT to amend the Indiana Code concerning
elections.
Be it enacted by the General Assembly of the State of Indiana:
SOURCE: IC 3-5-2-50.4; (01)HB1639.1.1. -->
SECTION 1. IC 3-5-2-50.4 IS ADDED TO THE INDIANA CODE
AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
1, 2001]: Sec. 50.4. "Voter's bill of rights" refers to the statement
prescribed by the commission under IC 3-5-8.
SOURCE: IC 3-5-8; (01)HB1639.1.2. -->
SECTION 2. IC 3-5-8 IS ADDED TO THE INDIANA CODE AS
A
NEW CHAPTER TO READ AS FOLLOWS [EFFECTIVE JULY
1, 2001]:
Chapter 8. The Voter's Bill of Rights
Sec. 1. The commission shall prescribe a statement of the rights
of a voter in Indiana that shall be known as "the voter's bill of
rights
".
Sec. 2. The statement required by section 1 of this chapter must
contain the following:
(1) A statement of the qualifications that an individual must
meet to vote in Indiana, including qualifications relating to
registration.
(2) A statement describing the circumstances that permit a
voter who has moved from the precinct where the voter is
registered to return to that precinct to vote.
(3) A statement that an individual who meets the
qualifications and circumstances listed in subdivisions (1) and
(2) may vote in the election.
(4) A statement describing how a voter who is challenged at
the polls may be permitted to vote.
(5) A statement informing the voter what assistance is
available to assist the voter at the polls.
(6) A statement informing the voter what circumstances will
spoil the voter's ballot and the procedures available for the
voter to request a new ballot.
(7) A statement describing which voters will be permitted to
vote at the closing of the polls.
(8) Other information that the commission considers
important for a voter to know.
Sec. 3. The commission may require a copy of the voter's bill of
rights to be distributed with voter registration materials or other
materials that are given to voters.
Sec. 4. The secretary of state or other state agency posting
election information on the state's Internet site shall include the
voter's bill of rights on the site.
Sec. 5. Not later than thirty (30) days before a primary, general,
or municipal election, the secretary of state shall request Indiana
news media to include a copy of the voter's bill of rights as part of
election coverage or in public service announcements.
SOURCE: IC 3-11-3-22; (01)HB1639.1.3. -->
SECTION 3. IC 3-11-3-22 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2001]: Sec. 22. (a) Each county
election board shall have printed in at least 14 point type on cards in
English, braille, and any other language that the board considers
necessary, the following:
(1) Instructions for the guidance of voters in preparing their
ballots.
(2) Instructions explaining the procedure for write-in voting.
(3) Write-in voting notice cards that must be posted in each
precinct that utilizes a voting machine or ballot card voting
system that does not permit write-in voting. The notice cards must
direct voters who want to cast write-in votes to request a write-in
ballot from an election official.
(b)
Each county election board shall have printed in type large
enough to be easily visible to voters entering the polling place a
poster at least twenty-four (24) inches by thirty-six (36) inches
containing the voter's bill of rights. The poster shall be printed in
English, braille, Spanish, and any other language that the board
considers necessary.
(c) The board shall furnish the number of cards and voter's bill of
rights posters it determines to be adequate for each precinct to the
inspector at the same time the board delivers the ballots for the precinct
and shall furnish a magnifier upon request to a voter who requests a
magnifier to read the cards.
SOURCE: IC 3-11-11-2; (01)HB1639.1.4. -->
SECTION 4. IC 3-11-11-2 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2001]: Sec. 2. (a) On the morning
of election day, the precinct election officers shall meet at the polls at
least one (1) hour before the time for opening the polls. The inspector
then shall have:
(1) the chute erected;
(2) the sample ballots, and instruction cards, and voter's bill of
rights posters posted; and
(3) everything put in readiness for the commencement of voting
at the opening of the polls.
(b) At the opening of the polls, the inspector and judges shall see
that there are no ballots in the ballot box before the voting begins. After
the inspection of the box, the inspector shall:
(1) securely lock the box;
(2) give one (1) key to the judge of the opposite political party;
and
(3) retain one (1) key.
(c) Once securely locked, the ballot box may not be opened again
until after the polls have been closed and the precinct election board is
ready to immediately proceed with the counting, except as otherwise
provided for central counting.
(d) The voting booths or compartments must be of a size and design
to permit a voter to mark ballots in secret.
SOURCE: IC 3-11-12-24; (01)HB1639.1.5. -->
SECTION 5. IC 3-11-12-24 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2001]: Sec. 24. On the morning of
election day, each precinct election board, the poll clerks, and the
election sheriffs shall meet at the polls at least one (1) hour before the
time for opening the polls. The inspector then shall have:
(1) the chute erected;
(2) the sample ballots, and instruction cards, and voter's bill of
rights posters posted; and
(3) everything put in readiness for the commencement of voting
at the opening of the polls.
SOURCE: IC 3-11-13-27; (01)HB1639.1.6. -->
SECTION 6. IC 3-11-13-27 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2001]: Sec. 27. (a) After the
delivery of a ballot card voting system to a precinct, the precinct
election board may meet at the polls on the same day and open the
package containing the sample ballot cards, to determine whether the
system is ready for use in accordance with section 16 of this chapter.
If a ballot card voting system is not in compliance with that section, the
board shall immediately label, set and adjust, and place the system in
order or have it done.
(b) While acting under subsection (a), the precinct election board
may restrict access to parts of the room where marking devices and
other election material are being handled to safeguard this material.
(c) On the morning of election day, the precinct election officers
shall meet at the polls at least one (1) hour before the time for opening
the polls. The inspector then shall have:
(1) the chute erected;
(2) the sample ballots, and instruction cards, and voter's bill of
rights posters posted; and
(3) everything put in readiness for the commencement of voting
at the opening of the polls.
(d) Before the opening of the polls, the precinct election officers
shall compare the ballot cards used in the marking device with the
sample ballots furnished and determine whether the names, numbers,
and letters are in agreement. The officers then shall certify that the
marking device and the sample ballots are in agreement. Forms shall
be provided for certification, and the certification shall be filed with the
election returns.
SOURCE: IC 3-11-14-16; (01)HB1639.1.7. -->
SECTION 7. IC 3-11-14-16 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2001]: Sec. 16. On the morning of
election day, the precinct election officers shall meet at the polls at
least one (1) hour before the time for opening the polls. The inspector
then shall have:
(1) the chute erected;
(2) the sample ballots,
and instruction cards,
and voter's bill of
rights posters posted; and
(3) everything put in readiness for the commencement of voting
at the opening of the polls.